People’s Alliance Party lawyer Simione Valenitabua has proposed that the Supreme Court declare the 1997 Constitution as Fiji’s valid and applicable supreme law.
He also submitted today that the formation of an interim administration be put in place to govern during a constitutional transition.
Speaking in the ongoing constitutional reference case before the Supreme Court, Mr Valenitabua said the case presents an opportunity for the judiciary to “put the rumours to rest” and resolve ongoing questions about which constitution truly governs Fiji.
“This issue keeps coming up,” Mr Valenitabua said.
“My clients, as a political party, continue to be asked about it.”
He acknowledged that the 2013 Constitution has been in operation for more than a decade and has seen two general elections, but rejected the idea that this equates to constitutional legitimacy.
“Yes, my Lord, there’s been so much water under the bridge. But the 1997 Constitution, we submit with respect is the bridge itself. Everything that has happened from 2009 until now is the water under it.”
Mr Valenitabua proposed a three-step solution, the first being judicial recognition of the 1997 Constitution as the valid and supreme law. The second was the validation period to regularise actions and institutions created under the 2013 Constitution and the third formation of an interim administration, within a timeframe determined by the Court, to oversee the constitutional transition and eventual amendments to the 1997 Constitution.
Mr Valenitabua dismissed the notion that this path would be chaotic, describing his proposal as a “practical and lawful solution” that would allow Fiji to reconcile its legal past with its political present.
The hearing continues before the full bench of the Supreme Court.